The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1887-09-21
THEY MUST. HANG
The Illinois Guprsms Court Affirm, the
Verdict Of Judge GlrJ's Court.
Judge Mag Gives the Opinion-Scene
IN the Court Room-Justices of the Sd
preme COart Unanimous.

OTTAWA, Ill, September 14.-At 9:30
Justice Magrudar begun the announce
ment of the decision In the Anarchist case.
Just before the opening of court, every one
seemed to have q feeling that something
was going to happen. Before the hour for
the convenIng of court, lawyers aud re-
porteTs seemed to have that feeling. and
conversed with each other in subdued
tones. Ever Barker, the janitor, who has
waited upon every justice of the Supreme
Court that sat upon the bench, in Ottawa,
tip-toed around in opening and busting the
court room, as il he was afraid OF breaking
the deathly Stiffness that pervaded the en-
tire building. Deputy Smith faltered and
his voice trembled as he pronounced the
"Hear Ye.n AS the justices filed into the
court room, headed by Chief Justice Shell
ever. The Chief Justice waved
his associates to their seats
even more stately than his
wont, his nod TO the Sheriff was more stiff,
and his ''opeI court" less audible than on
previous dayl of the term. Justice Ma
gruder appeared flushed and nervous as
be entered the court room. the cause OF
which was evidenced few moments lster
when Chief Justice Sheldon turned to him
and in 8 voice which would have been in
audible save for the deathly stiffness which
pervaded the room, said - ustice Magr1der
have you any announcement to maker
The flushed appearance of the Justice
changed to that Of pallor and his voice
was husky as he responded: I'm August
Spies and others against the people Of the
Slate of Illinois, No. SO, adYisement
docket" The Chief Justice nervously
turned the leaves of the court docket to
cese indicated when the Justice read the
decision of the Court in the Anarchist
case"
Judge Magruder read: "Iu this case,
the Judgment of the court below is affirmed
as to all and as to each and every one OF
the defendants. An opinion has been
prepared setting forth the reasons of the
affirmation of the judgment. TIE opinion
Judge Sheldon announced that he con-
CURED in the opinion.
As Judge Megruder commenced reading
he rssained his composure. His voice was
clear and distinct until the order fixing
the death penalty and date of execution
was reached, when his reading became
labored, his voice husky and his manner
showed Ii was with the greatest emotion
that he performed the dnty he had been
delegated by his associates to perform.
Having voiced the decision of the court ia
the most celebrated case it has ever been
called upon to decide, the justice who
made TIE announcement st once left the
bench and retired to his room.
Judge Mulky then said: ut is not my
intention to offer s separate oplnion as
should have done. desire to avail myself
of this occasion to say that while / concur
In the conclusions reached, and also IN the
general views as entered in the opinion
filed, do not wish to be understood as
holding that the record is free fro a error,
for / do not think it is. l am, neverthe
less, of the opinion that none of the errors
complained OF are of such serious chsrac-
ter as to require reversal of the judg.
ment. In view of the number OF defend
ants on trial, the great length of time
consumed in the trial, the vast amount of
testimony passed upon by the court, and
the almost numberless rulings the court
was required TO make, the wondsrmeut 10
me Is that the errors were not more numer-
Gus and Of a more serious character than
they are. In short, after having fully ex-
amined the record and giving the question
arising on Il my very best thought, with
an earnest and conscientious desire 70
faithfully discharge my whole duty, 1 am
fully satisfied that the opinion reached
vindicates the law and does complete jus
tice between the people Of the State and
the defendants, fully warranted by the Law
and the evidence"
judge Sheldon-ln this case the court
orders that the sentence of the Superior
court of Cook County, OF the defendants
in the indictment-August Spies, samuel
Fielden, r. Parsons, Michael Schwab,
Adolph Fischer, EDgel and Louis Ling be
carried into effect by the Sheriff of Cook
County, on the 18th day of November
next, on Friday, between the hours of 10
O'Clock forenoon and o'clock in the after
noon, on that day. The Judgment OF the
court IVES unanimous.
TIE opinion in the Anarchist case was
written by Judge Magruder, of the Chicago
District, and is an able exposition of law
and previous Interpretation thereof by
eminent jurists in this country, as we'll Jas
Of the courts bearing upon the alleged, and
perhaps real errors in this record. In his
work be was ably helped by each ofithe
other SIX distinguished judges, who made
him their spokesman, and through him
expressed their unanimous decision. The
opinion covers 225 pages of closely written
manuscript, and contains about 56,00t
words.
The Anarchists had no counsel here
to represent them before the court, as the
decision was announced, and no steps were
taken in their behalf. They have fifteen
days ia which to file q motion for q re-
hearing, and thirty days from the close o.
the term TO file petition in support there
OF. This will not act as O stay OF sentence
and they will have to show very strone
grounds before the court would consent to
the issue OF stay OF execution until re
hearing could be bad next term.
SCENES In CHICAGO